venushka Posted September 5, 2022 at 05:20 AM Report Share Posted September 5, 2022 at 05:20 AM Should the attorney representing a public board have the option to add an item to the agenda? Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted September 5, 2022 at 05:33 AM Report Share Posted September 5, 2022 at 05:33 AM On 9/5/2022 at 1:20 AM, venushka said: Should the attorney representing a public board have the option to add an item to the agenda? Since the attorney is probably not a member, it seems pretty sketchy, at least as far as RONR is concerned, but without a lot more information, it's not possible to say for sure. You might want to ask an attorney familiar with public boards in your state. Umm, probably not that one. Quote Link to comment Share on other sites More sharing options...
Weldon Merritt Posted September 5, 2022 at 01:21 PM Report Share Posted September 5, 2022 at 01:21 PM I see nothing wrong with the attorney suggesting that a particular item be added. In fact, he might be derelict in his duties if he knows of something that the board should discuss and he doesn't alert them. But whether to actually add the item would be up to the board (or whatever process is in pace for doing so), unless some applicable rule allows the attorney to directly add the item. Quote Link to comment Share on other sites More sharing options...
venushka Posted September 8, 2022 at 04:23 PM Author Report Share Posted September 8, 2022 at 04:23 PM Thank you both. All but one of our board members are newly elected and we are seeing some things that we think are unusual, the least of which is the attorney instructing that items be added to the agenda. We are looking at options for a new attorney. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted September 8, 2022 at 04:57 PM Report Share Posted September 8, 2022 at 04:57 PM On 9/8/2022 at 11:23 AM, venushka said: Thank you both. All but one of our board members are newly elected and we are seeing some things that we think are unusual, the least of which is the attorney instructing that items be added to the agenda. We are looking at options for a new attorney. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted September 8, 2022 at 05:08 PM Report Share Posted September 8, 2022 at 05:08 PM It might be that the former board ceded more authority to the attorney than it should have and that they simply acquiesced in letting him have more control over the agenda Then he should have had. They might have preferred it that way because they trusted his judgment in that regard. Perhaps they did not want to be bothered with having to set the agenda. it might just be that if these new board members want to exercise more control over the agenda that they need to advise the attorney they (the board members) want to control the agenda and that they want his role to just be more advisory in nature. In other words, this practice might have just developed over time because former board members were happy with it that way. He might be perfectly agreeable with leading the board take more control over the agenda. Has he been asked about it? Quote Link to comment Share on other sites More sharing options...
venushka Posted September 8, 2022 at 05:44 PM Author Report Share Posted September 8, 2022 at 05:44 PM On 9/8/2022 at 11:08 AM, Richard Brown said: It might be that the former board ceded more authority to the attorney than it should have and that they simply acquiesced in letting him have more control over the agenda Then he should have had. They might have preferred it that way because they trusted his judgment in that regard. Perhaps they did not want to be bothered with having to set the agenda. it might just be that if these new board members want to exercise more control over the agenda that they need to advise the attorney they (the board members) want to control the agenda and that they want his role to just be more advisory in nature. In other words, this practice might have just developed over time because former board members were happy with it that way. He might be perfectly agreeable with leading the board take more control over the agenda. Has he been asked about it? Thank you for your reply. You have hit the nail on the head. The former board allowed the attorney to walk all over them. The attorney speaks and behaves as though she is the company's executive. She actually reprimanded us, at a board meeting, in front of the public, telling us that she would not tolerate our behavior. This was after a board member used "colorful" language during the previous meeting. He had resigned and wasn't even in attendance at the time of the tongue-lashing. As far as I am concerned, she has dug herself a hole too deep to climb out of. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted September 8, 2022 at 10:21 PM Report Share Posted September 8, 2022 at 10:21 PM Yes, I would suggest that a statement that she "would not tolerate [the] behavior" of her client could be considered tantamount to a resignation. Quote Link to comment Share on other sites More sharing options...
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